DUI Law - How One Is Charged With Drunk Driving

It is commonly believed that alcoholism, which is defined as "an addiction to the consumption of alcoholic liquor or the mental illness and compulsive behavior resulting from alcohol dependency," is one of the leading causes of drunk driving. However, studies have shown that this statement is false since it was found that most people with DUIs (people driving under influence of drugs or alcohol) are not even alcoholics.

There are severe laws against drunk driving in the US. They are collectively known as DUI or DWI laws. There's an entire procedure to be followed if you are caught or suspected to be driving drunk.

The primary trigger of suspicion while driving drunk is the apprehensive driving behavior of a person. When a traffic police officer notices any kind of such driving behavior, he has the authority to call a traffic stop on that vehicle. If, at the stopping of the vehicle, the officer observes slurred speech, general incoherence, and/or odor of alcohol, he has the authority to order a field sobriety test. These tests don't measure actual blood alcohol content level, but they measure the coordination of the suspect, requiring the demonstration of good judgment and motor skills.

Failure to exhibit these will lead to the officer demanding a BAC test (Blood Alcohol Content test.) To pass this test, the level of alcohol in your blood should be lower than the legitimate limit set by the state. In most states, this limit is.10% BAC, while in others it is as low as.08% BAC. For drivers under the age of the legal drinking age, which is 21 years, this limit is normally zero, but in some states it can be as high as.02% BAC. Since the BAC in a person's body lowers over time, this test must be administered quickly if the officer wishes to gather evidence to make a DUI charge. For this reason, police officers mostly use breathalyzers rather than standard blood tests, as breathalyzers are minimally invasive as well as quicker as they immediately calculate the blood alcohol content in a breath sample.

However, it is important to note that no DUI suspect is bound by law to follow any of the procedures, after the traffic stop. Before the tests are administered, protocol requires that the suspect be given the right to remain silent and the right to a lawyer. Once the suspect avails his right to a lawyer, no further questioning is allowed, and no tests can be administered.

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What Happens If You Are Charged With a DUI?

If it is the first time you've been charged with a DUI, you can generally assume you will be charged with a misdemeanor violation. Sometimes, you may even be charged with a felony. If you are pulled over for a DUI, (operating an automobile while under the influence of alcohol and/or drugs) to the point that you're unable to drive your car safely, or you have a blood alcohol level that reads 0.08% or higher (considered illegal per se), you should consider hiring a DUI attorney. If your blood alcohol level reaches a certain point, or your blood test reveals prohibited drugs in your system, it is considered a per se crime. If you are charged with a DUI or have an excessive BAC level, and you are involved in an accident that causes a fatality or severe bodily harm to another, you will be charged with a felony, carrying a punishment of 2-20 years in jail.

For a first offense, you can usually expect to spend at least 2 days to up to 6 months in jail, or in the alternative, could be required to complete 96 hours of court approved community service. In addition to jail time, you will likely be subject to a fine of somewhere between $400-$1,200, in addition to other court fines and assessments. Your fines aren't the only punishment; it is more likely than not that you will be required to complete an 8-hour court approved DUI school or substance abuse course, depending on the charges leveled against you. Fortunately, these courses can often be completed online. You will be required to go to a drunk driving "Victim's Impact Panel" or VIP. It's possible you may be required to have an "ignition interlock device" installed for 3 to 6 months. If your blood alcohol level exceeds 0.18%, you'll be required to submit to an alcohol abuse assessment. Lastly, your license will be suspended for 90 days, and can only be reinstated after paying required fees, and passing required tests, as well as submitting an SR-22 proof of insurance form. In some cases, you might be able to ask for a limited license that enables you to drive to and from your job or in the course of employment, after the first 45 days of suspension has been satisfied.

Once charged with a second DUI, arrest and conviction, and it happens within seven years of your first DUI offense you are looking at a minimum of ten days in prison, and as much as six months in jail. The fines increase for a second offense as well, ranging from $600-$1,200, in addition to the court fees and assessments. You'll likely have your license revoked for a year, and will have to pay added fees to have your license reinstated and once again be required to file an SR-22 form showing proof of insurance. If your BAC reads above 0.18, you will be ordered by the Court to undergo either an alcohol or drug assessment prior to Sentencing, which could result in the additional requirement of 6 months of counseling.

If you are ever arrested for a third DUI, arrest and conviction within 7 years of your 1st DUI offense, your charge could be elevated to a felony charge and conviction resulting in a state prison sentence ranging from 1-6 years. The fines multiply along with the prison term, ranging from $2,000-$5,000, plus court fines and assessments. Your drivers license will be revoked for 3-5 years. To have your license reinstated, you will be required to pay several fines and fees and file an SR-22 form showing proof of insurance.

If you've been arrested for a DUI, you should consider discussing these penalties with an attorney. You have your freedom, your employment, and major car insurance increases to consider.

Olivia Blakely is a freelance writer specializing in legal special interest articles for Las Vegas Short Sale Lawyers and Las Vegas Record Sealing Attorneys.

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